California, United States of America
The following excerpt is from State ex rel. McCann v. Bank of Am., N.A., 11 Cal. Daily Op. Serv. 499, 120 Cal.Rptr.3d 204, 191 Cal.App.4th 897, 2011 Daily Journal D.A.R. 556 (Cal. App. 2011):
"On appeal from an order of dismissal after an order sustaining a demurrer, the standard of review is de novo: we exercise our independent judgment about whether the complaint states a cause of action as a matter of law. [Citation.] First, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context. Next, we treat the demurrer as admitting all material facts properly pleaded. Then we determine whether the complaint states facts sufficient to constitute a cause of action. [Citations.] [] We do not, however, assume the truth of contentions, deductions, or conclusions of law. [Citation.]" ( Stearn v. County of San Bernardino (2009) 170 Cal.App.4th 434, 439-440, 88 Cal.Rptr.3d 330.)
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